CHART OF CODE OF CRIMINAL PROCEDURE 1898

PRE-TRIAL STAGE

Section

Heading

Contents

Definitions of Word used

154

Information in Cognizable Case

·      Every information relating to commission of cognizable offence.

·      If given in oral shall be reduced in writing by officer in-charge of police station and be read over to informant.

·      Such information shall be signed by person giving it.

·      The substance of information thereof shall be entered in a book to be kept by such officer.

·    Officer in-charge of a police station: according to section 4(p), officer in-charge of the police station includes,

·    When the officer in-charge of the police station is absent from the station-house or unable to perform his duty due to illness or other cause, the police-officer present at station house who is next in rank to such officer.

·    He is above the rank of constable.

156

Investigation into Cognizable Cases

·   Any officer in-charge of police station may, without the order of a Magistrate, investigate any cognizable case which having jurisdiction over the local area within the limits of such station.

·   No proceedings of a police officer in any such case at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

·   Any Magistrate empowered under section 190 may order such an investigation as above mentioned.

·     Investigation: According to Section-4 (l) Investigation includes all the proceedings under this code

·     for the collection of evidence

·     conducted by police officer or by any person (other than Magistrate) who is authorized by Magistrate in this behalf.

172

Diary of Proceedings in

investigation

·   Every police-officer making an investigation shall day be day

enter his proceedings of investigation in a diary.

·   Diary contains time at which information reached him, the time on which he began investigation, time on which he closed investigation, the place or places visited by him, statement of his investigation ascertained by him.

·   Any Criminal Court may call police diaries of the case under inquiry or trial in such Court and may use such diaries, not as evidence in the case but to aid in such inquiry or trial.

·   No accused or his agent shall be entitled to call for such diaries, nor they are entitled to see them because diaries are referred by the Court.

·   Such police may use such diary for refresh his memory or Court may use such diary to contradict evidence given by such Police-

officer.

46

Arrest How Made

·    In making of arrest the police officer or other making the arrest shall actually touch or confine the body of person to be arrested.

·    Resisting endeavour to arrest: If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, such police officer or other person may use all means necessary to effect arrest.

·    Police officer or other person arresting has no right to cause

death of a person who is not accused of an offence punishable with death or life imprisonment.

54

When Police may arrest without warrant

·      Any Police-officer may without an order from a Magistrate and without warrant arrest any person if:

Cognizable    Offence/case:                     According                     to section-4 (f):

ü Person concerned in Cognizable case.

ü Proclaimed offender.

ü Who has stolen property.

ü Obstructs in duty.

ü Deserted from military forces.

ü Against whom reasonable complaint has been made.

ü Any released convict committing breach of any rule u/s 565.

ü Whose arrest has been received from another authority.

ü Involved in House breaking.

ü  Means any case or offence in accordance with the second schedule or under any law for time being in force police may arrest without arrest.

55

Arrest of Vagabonds , habitual robbers, etc

·      Any Police-officer may without an order from a Magistrate and without warrant arrest any person if:

ü Conceals his presence.

ü Cannot give satisfactory account of himself.

ü Who is habitual offender, robber, thief, house-breaker, receiving stolen property and commits extortion.

59

Arrest by Private person and procedure on such arrest

·       Any private person may arrest any person who in his view commits a non-bailable and cognizable offence or any proclaimed offender and without any necessary delay shall make over any person so arrested to a police-officer or in absence of police officer take such person or cause him to be taken in custody to the nearest police-station.

·       If there is a reason that such person comes under the provisions of section-54, a police officer shall re-arrest him.

·       If there is a reason he has committed a non-cognizable offence and he refuses to give his name on the demand of a police-

officer, he shall be dealt with under the provisions of section-

57.

64

Offence committed in Magistrate’s presence

·        When any offence is committed in the presence of a Magistrate

within the local limits of his Jurisdiction, he may himself arrest or order any person to arrest the offender.

65

Arrest by or in presence of Magistrate

·        Any Magistrate may at any time arrest or direct the arrest in his presence, within local limits of his jurisdiction of any person for whose arrest he is competent at the time and in

circumstances to issue warrant.

51

Search of arrested person

·        Whenever a person is arrested by a police-officer under a warrant, or whenever a person is arrested by a police officer without warrant.

·        The officer making the arrest may search such person and

place in safe custody all articles other than necessary wearing apparel found upon him.

52

Mode of Searching women

·        Whenever it is necessary to cause a woman to be searched; the search shall be made by another woman with strict regards to

decency.

53

Power to seize offensive weapons

·        The officer or other person making any arrest under this code may take from the person arrested any offensive weapon which he has about his about his person and shall deliver all such weapon so taken to the Court or officer before which person

making arrest is required to produce the arrested person.

50

No necessary restraint

·        The person arrested shall not be subjected to more restraint

than is necessary to prevent his escape.

60

Person arrested to be taken before Magistrate or Officer in-charge of police- station

·          A police officer making arrest without warrant shall without unnecessary delay take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer

in-charge of a police station.

61

Person arrested not to be detained more than 24 Hours

·            No police officer shall detain in custody a person arrested without warrant for a longer period than under all circumstances of the case is reasonable and such period shall not exceed twenty four hours exclusive of the time necessary

for the journey from place of arrest to the Magistrate’s Court.

·        Whenever any person is arrested and detained in custody and it appears that investigation cannot be completed within period of twenty four hours fixed by section-61 and there are grounds for believing that the accusation or information is well founded, the officer in-charge of police station or investigation officer shall transmit accused to the nearest magistrate along- with a copy of diary of entries relating to the case.

Grounds for grant of Remand:

·        Accusation is well founded.

·        There is real necessary of accused’s corpus for further investigation.

Guidelines for granting Remand:

·        Magistrate shall not authorize the police remand except on strong grounds.

·        Magistrate shall record his reasons.

·        Copy of Order must be sent to Session Judge.

·        After expiry of 15 days Magistrate shall require police to submit complete or incomplete challan.

·        Before granting police remand magistrate shall assure about sufficient evidence.

·        No remand shall be granted in absence of accused.

·        Magistrate shall avoid to grant remand at his residence.

·        Opportunity should be given to accused to raise objection.

·        Magistrate shall examine police file.

167

Procedure when investigation cannot be completed in twenty four hours

·        Magistrate to whom accused person is forwarded under this section from time to time authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.

·        A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

·        The Magistrate giving such order shall forward a copy of his order, with his reasons for making it, to the Session Judge.

·        If accused is women the Magistrate shall not grant her remand except if she is accused of qatal or dacoity, the police officer interrogating her shall interrogate her in presence of lady police officer.

·        If for the purpose of investigation it is necessary that accused is taken out of prison then investigating shall apply to the

Magistrate in that behalf and the Magistrate may for reasons to be recorded in writing permit taking of accused out of prison

in the company of female officer appointed by Magistrate.

344

Power to postpone or adjourn proceedings

·         If from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of trial or adjourn trial the Court may thinks fit by order in writing stating reasons from time to time postpone or adjourn the same on such terms and may by a warrant remand the accused if in custody.

·         Remand: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.

·         Every Order made under this section by a Court other than a High Court shall be in writing signed by the Presiding Judge or Magistrate.

·         Explanation Reasonable Cause for Remand: If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand, this is a

reasonable cause for a remand.

JUDICIAL      REMAND                       &                       POLICE REMAND:

·      In physical remand accused is send back n the custody of Police whereas in Judicial remand accused is sent to prison.

·      Physical remand is granted on the ground that accusation is well founded whereas judicial remand is granted on the ground that there is reasonable ground for adjournment or postponement of case.

·      Physical remand is granted by a Magistrate whereas Judicial remand is granted by trial court.

·      In physical remand, remand of 15 days at once cannot be granted but in judicial remand it may be granted in one time.

160

Police officers power to require attendance of witnesses

·         Any police officer making an investigation may by order in writing, require the attendance before himself of any person being appears to be acquainted with the circumstances of case

and such person shall attend as so required.

161

Examination of witnesses by Police

·         Any police officer making an investigation may examine

orally any person supposed to be acquainted with the facts and circumstances of the case.

·         Such person shall be bound to answer al questions relating to such case put to him by such officer other than questions the answers to which have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

·         The Police officer may reduce into writing any statement made to him in the course of an examination under this section and if he does so he shall make a separate record of the

statement of each of such person whose statement he records.

162

Statement to police not to be signed; use of such statements in evidence

·         No statement is made by any person before any police officer shall be signed by informant.

·         When any such witness is called by prosecution, Court shall

on the request of accused person provide copy of such statement of witness recorded by police.

163

No inducement to be offered

·         No police officer or other person in authority shall offer or make or cause to be offered or made any such inducement threat or promise.

·         No police officer shall prevent any person from making any statement which he wants to make through his own will.

Article- 37 of QSO

Confession caused by inducement, threat or promise, when irrelevant in criminal

cases

·         A confession made by an accused person is irrelevant in a criminal proceeding, if the making of such confession appears to the Court to have been made by an inducement, threat or promise.

Article-

38 of QSO

Confession to police officer not to be proved

·         No confession made to a police officer shall be proved as against a person accused of any offence.

Article- 39 of QSO

Confession by accused while in custody of police not to be proved against him

·         Subject to the Article-40

·         No confession made by any person whilst he is in the custody of a police officer.

·         Unless it is made in the immediate presence of a Magistrate shall be proved against him.

Article- 40 of QSO

How much of information received from accused may be proved

·         When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much information, whether it amounts to a confession or not, as relates distinctly to the

fact thereby discovered, may be proved.

Procedure for Recording of Confessional Statement:

Step:1:

·     If accused in handcuff, remove those handcuff.

·     Order all irrelevant persons including police officers to leave the Court.

Step:2:

·     Court shall explain to the person making confessional statement that:

Ø He    is    not        bound     to        make      that confessional statement.

Ø If he does so, it may be used as evidence against him.

Step:3:

·      Give half an hour to accused to think about it.

Article- 41 of QSO

Confession made after removal of impression caused by inducement, threat or promise,

relevant

·         If such a confession as if referred to in Article-37 is made after the impression caused by such inducement, threat or has in the opinion of the Court has been fully removed.

·         It is relevant.

Article- 43 of QSO

Consideration of proved confession affecting person making it and others jointly under for same offence

·         When more persons than one are being tried jointly for the same offence and confession made by one of such person is proved:

ü    Such confession shall be proof against the person making it,

ü    The Court may take into consideration such confession as circumstantial evidence against other person.

164

Power to record statements and Confessions

·         Any Magistrate of 1^st Class may record any statement or confession made to him in the course of investigation or at anytime before commencement of trial or inquiry.

·         Any such statement may be recorded by such Magistrate in the presence of accused and the accused given an opportunity of cross-examining the witness making confession.

·         Such statements shall be recorded in the manner as prescribed under section-364 CrPC.

·         A Magistrate before recording confession shall explain to person making it that;

ü  He is not bound to make a confession.

ü  If he does so, it may be used against him in evidence.

ü  No Magistrate shall record any confession unless upon question the person making it, he has reason to believe that it was made voluntarily.

ü  When he records confession, he shall make a memorandum at the foot of such record:

ü  That I have explained to XYZ that he is not bound to make confession and that if he does so any confession may be used against him in evidence and I believe that this confession was made voluntarily. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct, it contains

a full and true account of statement made by him.

Step:4:

·      Court will check accused’s voluntariness as to making confessional statement by asking following questions:

Ø  Do you understand that you are not bound to make a confessional statement?

Ø  Do you understand that you statement is being recorded by a statement?

Ø  That if you make a confession it may be used as evidence against you?

Ø  How long have you been in police custody?

Ø  Do you understand that after making a statement before me you will not be remanded to police custody, but will be sent to the Judicial lock-up?

Ø  Understanding these facts, are you making a statement before me, voluntarily?

Ø  What are reasons for which you are wishing to make confession?

364

Examination of accused how recorded

·         Whenever any accused is examined by Court or Magistrate the whole of such examination including each question put to him and every answer given by him shall be recorded in full and in the language in which he examined or in the language of Court.

·         Such record shall be read to him.

·         If he does not understand written it shall be interpreted to him.

·         He shall be at liberty to add or explain his answer.

·         The whole he declares to be correct then such record shall be signed by accused and Magistrate.

Step:5:

If court is satisfied accused is making confessional statement voluntarily, Court shall record his confessional statement.

Step:6:

Making of certificate at the end that Court has fulfilled all above requirements.

533

Non-Compliance with provisions of Section- 164 or 364

·         If any Court before which a confession or other statement of an accused is recorded and finds that any of provisions of either such section have not been complied then such non- compliance shall not make such confessional statement inadmissible unless it injures the accused as to his defence on

merits.

165

Search by police-officer

·         Police officer making an investigation has reasonable grounds for believing that anything necessary for the purpose of an investigation into any offence:

ü  After recording in writing the grounds of his belief and specify the thing for which search is made, search or cause to search for such thing in any place within limits of such station.

ü  A police officer shall if practicable conduct the search in person.

ü  If he is unable to conduct search in person after recording reason require any officer subordinate to him to make the search and shall deliver to such sub-ordinate officer an order in writing and specify the place to be search and also specify the thing for which search is made.

ü  Section-102 and 103 related to search may apply to this section.

ü  Copies of any record made under this section shall be sent to nearest Magistrate and the owner or occupier of place searched shall on application be furnished with a

copy of the same by Magistrate.

103

Search to be made in presence of Witnesses

·         Before making a search, the officer shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search and may issue an order in writing to them.

·         The search shall be made in their presence and a list of all things seized in the course of such search and of the place in which they are respectively found shall be prepared by such officer and signed by such witnesses but no person witnessing a search shall be required to attend the Court as a witness of search unless specially summoned by Court.

·         The occupant of the place searched shall in every instance be permitted to attend during the search and a copy of list prepared signed by the said witness shall be delivered to occupant at his request.

·         Any person who without reasonable cause, refuses or neglects to attend and witness the search under this section when called upon to do so by an order in writing delivered or tendered to him shall be deemed to have committed an offence under

section 187 of PPC.

63

Discharge of person apprehended

·         No person who has been arrested by a police officer shall be

discharged except on his own bond, or on bail or under special order of Magistrate.

169

Release of accused when evidence deficient

·         If upon an investigation, it appears to the officer in-charge of the Police station or investigating officer that

·         There is no sufficient evidence or reasonable of suspicion to justify the forwarding of the accused to a Magistrate,

·         Such officer shall, if person is in custody release him on executing a bond with or without sureties as such officer may direct if and when so required before a Magistrate empowered

to take Cognizance.

170

Case to be sent to Magistrate when evidence is sufficient

·         If upon an investigation, it appears to the officer in-charge or police or investigating officer that there is sufficient evidence or reasonable grounds against accused,

·         Such officer shall forward accused under custody to a Magistrate empowered to take cognizance of the offence upon police report.

·         When the officer in-charge of a police station forwards an accused person to a Magistrate then he shall also send to such Magistrate any weapon or other article which it may be necessary to produce before him.

·         And shall also require the complainant and so many persons

who appears before such officer and acquainted with the circumstances of case.

171

Complainants and witnesses not to be required to accompany police officer

·         No complainant or witness shall be required to accompany a police officer on his way to the Court of Magistrate.

·         No complainant or witnesses are subjected to unnecessary restraint or required to give any security for his appearance.

173

Police Report

·         Every investigation shall be completed without unnecessary delay and as soon as it is completed, the officer in-charge of the police station shall through Public Prosecutor:

ü  Forward to Magistrate empowered to take cognizance of offence on police-report.

ü  Police report shall consists of names of parties, nature of information, names of witnesses, stating whether accused is arrested or not or he is on bail.

·      Where investigation is not completed within a period of fourteen days from date off recording of FIR, the officer in- charge of police station shall within three days of such period, forward an interim report to the Magistrate through public prosecutor.

·      Whenever it appears from report that accused has been released on his bond Magistrate shall make such order for discharge of such bond or otherwise as he thinks fit.

·      A copy of report shall on application be given to the accused before commencement of trial or inquiry.

·      When officer in-charge of police station forwards a report under subsection (1) he shall along-with the report produce the witnesses in the case and the Magistrate shall bind such witness for appearance before him or before some other Court on the

date fix for trial.

190

Cognizance of offences by Magistrate

·         All Magistrates of 1^st class may take cognizance of any offence:

ü  Upon receiving a complaint of facts which constitute an offence.

ü  Upon a report in writing of such facts made by any police officer.

ü  Upon information received from any person other than a police officer.

ü  Upon his own knowledge or suspicion.

·          That such offence has been committed which he may try or send to the Court of Sessions for trial.

·          A Magistrate taking cognizance of an offence triable

exclusively by a Court of Session shall without recording any evidence, send the case to the Court of Session for trial.

191

Transfer on application of the accused

·         When a Magistrate takes cognizance of an offence, the accused shall before any evidence is taken be informed that he is entitled to have the case tried by another Court.